Sentences with phrase «equal protection clause claims»

«It is well established that evidence of purpose beyond the face of the challenged law may be considered in evaluating Establishment and Equal Protection Clause claims,» the judges wrote on Thursday.

Not exact matches

The suits by the American Civil Liberties Union and the Human Rights Campaign, filed in federal courts in Baltimore and Seattle, claim Trump's plan violates the Equal Protection clause of the Constitution.

In Obergefell, Kennedy's claim was that although historically the interpretation of a fundamental right to marry has not included same - sex couples, the «referenda, legislative debates, and grassroots campaigns; studies and other writings; and extensive litigation in state and federal courts» has led to an «enhanced understanding» of how the Due Process and Equal Protection clauses of the 14th amendment contain a right for same - sex couples to marry that was really there all along, though until now unseen.

The Appellate Division, in a 4 - 1 decision handed down Thursday, said the tax cap doesn't violate due process or equal protection clauses of the constitution, as the New York State United Teachers» lawsuit claimed.

In an important sense, Ryan is right to claim that Scalia's embrace of Harlan's colorblind interpretation of the equal protection clause is «results - oriented.»

Choice supporters claim that such discriminatory exclusion violates the Fourteenth Amendment's equal protection clause and the First Amendment's free exercise clause.

In papers filed with the U.S. Court of Appeals for the Seventh Circuit, the teachers claimed that the layoff clause in their contract violated their equal - protection and due - process rights under the 14th Amendment and their right to protection from racial discrimination under Title VII of the Civil Rights Act of 1964 and Sections 1981 and 1983 of the Civil Rights Act of 1871.

This alleged «disparate impact,» they claimed, violated the state constitution's equal protection clause.

The Judge granted the County's motion to dismiss on all claims, including a challenge under the Commerce Clause, Equal Protection Clause, federal and state law preemption, Contracts Clause, and vagueness.

The industry also claims the regulation violates equal protection clause, saying it treats manufacturers of heavier products different from those creating smaller - but equally toxic - products.

(Most of the other partisan gerrymandering claims have been based on the First Amendment's speech and association rights or the 14th Amendment's equal protection clause.)

Claims under the equal protection clause, he argues persuasively, are destined to fail unless and until some court somewhere declares gays and lesbians a protected class — not likely.

It deferred ruling on the plaintiffs» claim that § 702 violates the Due Process and Equal Protection Clauses of the United States Constitution, id.